ALDRICH, District Judge.
This is a motion to dismiss filed in a patent case by an intervenor, who, by agreement, stands fully, for this purpose, in the locus of the defendant. The record consists of the pleadings, and certain affidavits and exhibits. The motion is based on intervenor's contention that as matter of law no infringement is shown.
In July, 1936 plaintiff Waters, hereafter called plaintiff, filed an application which on April 7, 1942 resulted in...
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